KONARK CARE Vs. TRIVENI INFRASTRUCTURE DEVELOPMENT COMPANY LTD.

JUDGEMENT

(1.) CM APPL. 7430/2010 (for restoration)

(2.) THIS application seeks recall of the order dated 13.04.2010 made by the Court disposing off the appeal. The application is by one Shri Sandeep Arora, a partner in the appellant firm Konark Care. The brief facts are that the appellant had apparently entered into a contract with the respondent sometime in March 2006 for land development/consultancy in which it (the appellant) had a right to receive 13% of the next sale value of the property of the respondent in the event of sale. The respondent had on 5.10.2006 contracted to purchase the property for Rs. 117 crores. Subsequently, on 24.01.2007, the appellant alludes to two further agreements in which its entitlement to receive 13% of the realised sale value was maintained. It is stated that disputes arose between the appellant and the respondent which led to the filing of an application under Section 9 of the Arbitration and Conciliation Act which was eventually dismissed on 26.05.2009. Subsequently, another application under Section 9 of the said Act was preferred; this application OMP 377/2009 was dismissed by learned Single Judge on 24.09.2009. That order was impugned in the present appeal FAO (OS) 520/2009.

(3.) ON 13.04.2010, the Court recorded as follows: -